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AB-1779 Recovery residences.(2019-2020)

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Date Published: 05/17/2019 04:00 AM
AB1779:v97#DOCUMENT

Amended  IN  Assembly  May 16, 2019
Amended  IN  Assembly  April 22, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1779


Introduced by Assembly Member Daly
(Coauthor: Assembly Member Rodriguez)

February 22, 2019


An act to add Chapter 14 (commencing with Section 11857) to Part 2 of Division 10.5 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1779, as amended, Daly. Recovery residences.
Existing law provides for the licensure and regulation by the State Department of Health Care Services of adult alcoholism and drug abuse recovery and treatment facilities for adults. Existing law defines a facility for those purposes to mean a premise, place, or building that provides residential nonmedical services to adults who are recovering from drug or alcohol abuse or who need drug or alcohol recovery treatment or detoxification services.
This bill would establish, and require the department to adopt and implement, minimum standards for counties seeking to use state funding to offer recovery residences, as defined. The bill would require a recovery residence to meet certain requirements in order to be recognized, registered, or certified as a recovery residence by an entity in this state, including a requirement that an applicant submit evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency. The bill would also require those entities the National Alliance for Recovery Residences to deny an application for, or deny or revoke the recognition, registration, or certification of, a recovery residence under certain circumstances, including if the recovery residence fails to meet the minimum standards. The bill would generally prohibit state or county funding from being allocated to a recovery home that has not submitted evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency.

The bill would require, on and after January 1, 2021, a state agency, state-contracted vendor, county agency, county-contracted vendor, licensed or certified alcoholism or drug abuse recovery or treatment program, certified alcoholism or drug abuse treatment counselor, or a person or entity licensed in the healing arts that directs substance use treatment, or a judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires that person to reside in a sober living environment, to refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified. By imposing additional duties on local entities, the bill would impose a state-mandated local program.

The bill would require the department to report to the Legislature, on or before January 1, 2025, the number and types of complaints received by certifying entities and the department, the status of complaints received, and the geographic concentration of reported complaints, and to maintain on its internet website information regarding residences for which the certification was revoked. The bill would also include legislative findings and declarations.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) (1) Substance use disorder is ranked in the top five clinically preventable burdens on health care spending.
(2) The level of health care services used by substance use disorder patients before receiving treatment is more than double that of the general population. It has been shown that after 12 months of treatment of substance use disorders, the levels of health care services received return to almost average.
(3) An estimated 4 to 5 years is necessary for persons experiencing the chronic disease of addiction to reach a full, sustained recovery, and the first 30 to 90 days after initial treatment are the most critical for preventing relapse, making it imperative that recovery residences be expanded as a means of reducing costs associated with multiple treatment episodes.
(4) There are an estimated 3.5 million persons with diagnosable substance use disorders in California and a limited number of available recovery residences to effectively provide healthy living environments for long-term recovery.
(5) The need for quality recovery residence housing will continue to rise throughout the next decade.
(b) Therefore, it is the intent of the Legislature, in enacting this act, to identify best practices for recovery residences so that all of the following may occur:
(1) Access to legitimate recovery residence housing can be expanded.
(2) Those currently living in recovery residences may see an improved level of safety and a reduction in deaths due to opioid abuse and overdose.
(3) Local governments can recognize quality recovery residences for their valuable contributions to the continuum of care in addiction treatment and recovery.

SEC. 2.

 Chapter 14 (commencing with Section 11857) is added to Part 2 of Division 10.5 of the Health and Safety Code, to read:
CHAPTER  14. Recovery Residences

11857.
 (a) For purposes of this chapter, “recovery residence” refers to a residential property as defined in subdivision (c) of Section 11833.05.
(b) The department shall adopt the Best Practices for Operating Recovery Housing (BPORH) that includes suggested minimum standards for operating recovery housing, upon its distribution by the United States Department of Health and Human Services as the minimum requirements for counties seeking to offer recovery housing using state funding. Until the BPORH is distributed, the department shall adopt the most recent standards approved by the National Alliance for Recovery Residences (NARR) as the minimum standard for receiving state funding for recovery residence housing. A residence that is certified by an organization that is currently a recognized affiliate of NARR and has adopted the standards approved by NARR, and subsequently the standards identified by the BPORH, shall be presumed to have met the minimum requirement for best practices.

11857.01.

An entity in this state that recognizes, registers, or certifies a recovery residence shall do all of the following:

(a)Require an applicant for registration or certification of a recovery residence to submit evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency.

(b)Require that the owner, operator, or responsible resident complete a minimum of 10 hours per year of recovery residence training, which shall include, at a minimum, the subjects of ethics, health and safety topics related to addiction recovery and maintenance, and emergency planning procedures.

(c)Require the recovery residence to maintain the most current standards published by NARR, until the BPORH is distributed.

(d)Require the recovery residence to maintain the standards of the BPORH within six months of its initial distribution.

11857.02.
 An application for, or the recognition, registration, or certification of, a recovery residence shall be denied or revoked by the entity described in Section 11857.01 a state affiliate of NARR under any of the following circumstances:
(a) If the residence owner or operator name in the application is listed on the Department of Health and Human Services’ exclusions list pursuant to Sections 1128 and 1156 of the Social Security Act (42 U.S.C. Section 1320a-7 and 42 U.S.C. Section 1320c-5).
(b) If an applicant has previously applied for a license to operate a residential alcoholism or drug abuse recovery or treatment facility, or certified alcoholism or drug abuse recovery or treatment program, or previously held a license to operate a residential alcoholism or drug abuse recovery or treatment facility, and that application was denied or the previous license was revoked, suspended, terminated, surrendered, forfeited, or otherwise subject to disciplinary or administrative action by the department, including the imposition of civil penalties, when the department determines recognition, registration, or certification would be inconsistent with the ethical and safety standards required for that status.
(c) If the residence is not operating in compliance with NARR or BPORH requirements or applicable state or federal laws. If this subdivision applies, the entity shall notify the department.

11857.03.
 A city, county, city and county, or local law enforcement entity that has documented evidence that a recovery residence is not operating in compliance with NARR or BPORH standards to an extent that resident or community safety is being impacted, in a manner that suggests fraudulent activity is occurring, or in a manner that would require licensure as a residential treatment facility, may report these findings to the department and to an entity described in Section 11857.01. The department or a city, county, or city and county, or local law enforcement, may request that the residence obtain recognition, registration, certification, or licensure, as applicable, as a recovery residence or treatment facility within 90 days of being notified of that deficiency by the department or an entity described in Section 11857.01 in order to improve the conditions at the residence and support positive relationships with the community. If the recovery residence is providing treatment for addiction, the recovery residence shall cease providing services that may be provided only pursuant to a valid license until the appropriate license has been issued.

11857.04.
 The department shall maintain and post on its internet website a registry containing the following information:
(a) The street address of each recovery residence that has had its recognition, registration, or certification revoked, or whose application was denied, by an entity described in Section 11857.01 in California.
(b) The name of each operator of a recovery residence that has had its recognition, registration, or certification revoked, or whose application has been denied, by an entity described in Section 11857.01 in California.

11857.05.

(a)Notwithstanding any other law, on and after January 1, 2021, a state agency, state contracted vendor, county agency, county contracted vendor, licensed or certified alcoholism or drug abuse recovery or treatment program, certified alcoholism or drug abuse treatment counselor, or a person or entity licensed in the healing arts pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code that directs substance use treatment, shall refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified.

(b)A judge or parole board that sets terms and conditions for the release, parole, or discharge of a person from custody, if it requires a person to reside in a sober living environment, shall refer a person to a certified recovery residence, if available, before referring that person to a recovery residence that is not certified, so that proper rehabilitation in accordance with the terms and conditions of the court’s orders or terms of release as applicable, pursuant to subdivision (a) of Section 1170 of the Penal Code, may be accomplished.

11857.06.

State or county funding shall not be allocated to a recovery home that has not submitted evidence demonstrating that opioid overdose reversal medication is readily available in case of an onsite opioid overdose emergency, except as otherwise provided by federal law.

11857.07.
 (a) This chapter does not prohibit a county contracting authority from requiring quality and performance standards that are similar to, or that exceed, the standards described in this chapter, when contracting for recovery residence services.
(b) An entity may enter into a memorandum of understanding with a county for the purposes of determining if the county’s requirements meet or exceed the minimum requirements of the entity. A memorandum of understanding may include the granting of reciprocity based upon the requirements of the county contract.

11857.08.
 (a) The department shall report to the Legislature on or before January 1, 2025, the number and types of complaints received by entities and the department pursuant to Section 11857.03, the status of complaints received, and the geographic concentration of reported complaints.
(b) The report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.